Regional Investment Protection and Liberalization within the Association of Southeast Asian Nations

2013 ◽  
pp. 335-354 ◽  
Author(s):  
Anna G. Tevini
Keyword(s):  
Southeast Asian ◽  
Investment Protection ◽  
Regional Investment

International Investment Law in Central Asia

2015 ◽  
Vol 16 (5-6) ◽  
pp. 1089-1124 ◽  
Author(s):  
Mavluda Sattorova
Keyword(s):  
International Investment ◽  
International Investment Law ◽  
Investment Protection ◽  
Investment Treaty ◽  
Regional Investment ◽  
Central Asian ◽  
History Of ◽  
Investment Law ◽  
Law Making

Despite the fact that Central Asian states have not been involved in regional investment treaty-making on a scale and thrust similar to that of ASEAN and NAFTA, their evolving approaches to international investment law merit attention, not least because of the unique geopolitical characteristics of the region. The aim of this article is to fill the gap in the existing scholarship by exploring regional characteristics of Central Asian participation in international investment law-making. It will critically evaluate the history of numerous regionalisation efforts and, through a case study of two Central Asian states, Kazakhstan and Uzbekistan, examine the shared patterns in the evolution of national approaches to investment protection rules. In particular, the identity of Central Asian states as rule-takers and the factors underlying the emergence of distinctive national stances on the scope and objective of investment rules will be analysed.

scholarly journals Tax Law Mechanisms of State Support for Entrepreneurship under Modern Conditions

2020 ◽  
Vol 15 (11) ◽  
pp. 36-50
Author(s):  
N. A. Sheveleva
Keyword(s):  
Significant Activity ◽  
Federal Law ◽  
State Support ◽  
Investment Activity ◽  
The Real ◽  
Investment Projects ◽  
Investment Protection ◽  
Economic Entity ◽  
Regional Investment ◽  
The Right

Encouragement of domestic investments into the real sector of the Russian economy is a pressing task of state administration at the current stage. As part of the measures of state support the author names tax preferences, including tax incentives both in their economic manifestation and in their legal implementation. Residents of special economic zones and other territories with special status, as well as participants of regional investment projects have the right to use reduced corporate income tax accompanied with a whole system of prohibitive conditions and restrictions. The assessment of the set of conditions and restrictions applied for various economic entities allows to question the real attractiveness of the status of a resident or participant of such a significant activity for the State as the investment activity. Lack of confidence in the rigidity of business conditions, including tax conditions, is a factor that affects adversely the attractiveness of investment activities. The significance of this factor is evidenced by the adoption of Federal Law № 69-FZ dated April 01, 2020, “On Investment Protection and Promotion in the Russian Federation” that provides for a stabilization clause covering tax regulation. The Federal Law has been widely discussed among business people at the stage of a draft. However, the new Law does not solve many problems: the conclusion of an agreement with a stabilization clause will be available to far from every economic entity, real and potential residents of territories with special status or participants in regional investment projects.

scholarly journals The Reform of the International Investment Regime: An African Perspective 

2019 ◽  
Vol 34 (2) ◽  
pp. 482-495
Author(s):  
Hamed El-Kady ◽  
Mustaqeem De Gama
Keyword(s):  
Sustainable Development ◽  
Legal Framework ◽  
International Investment ◽  
African Countries ◽  
Investment Policies ◽  
Investment Protection ◽  
Active Approach ◽  
Regional Investment ◽  
Core Elements ◽  
The Right

Abstract The international legal framework for investment in Africa is complex, consisting of a large number of bilateral investment treaties (BITs) and regional investment agreements. This is in addition to a number of non-binding regional investment instruments and models that influence African countries' investment policy directions. Looking at the numbers, African countries have concluded over 860 BITs of which 160 are intra-African treaties. This represents around 28 percent of the BIT universe. For over 50 years African countries have been signing BITs that have core elements developed by third countries. Little attention has been given to the implications of these treaties on African countries’ right and duty to regulate investment in their territories. The result is a web of legally binding and broadly formulated commitments on investment protection. Today, African countries are taking a more active approach in the formulation of their international investment commitments at the national, bilateral and regional levels. Africa is becoming a laboratory for innovative and sustainable development-oriented investment policymaking. While these reform efforts occur in parallel and sometimes overlap with one another, they all converge in their attempt to formulate a new approach to investment policies that aims at safeguarding the right and duty of African countries to regulate and to reflect emerging sustainable development imperatives. The challenge remains in the existing stock of outdated African BITs and in the investor–State dispute system. Tribunals have broadly interpreted BIT commitments in ways that were not foreseen by African countries. The system that was originally developed to foster legal predictability in investment relations between countries has today become a source of legal uncertainty, debate and controversy. So far, African countries have been observing proposals and discussions for the reform of the ISDS system, including through the establishment of a Multilateral Investment Court (MIC) from a distance. They have been allowed to raise concerns, propose ideas and suggestions, but were not included in the original construction of the concepts and structures of any of the proposed solutions.

scholarly journals A Critique of Investment Protection of China’s Multinational Enterprises in Host ASEAN Nations – A Survey of the Legal Requisites for Foreign Investors of Guangdong Corporations in Southeast Asian Nations

2019 ◽  
Vol 2 (1) ◽  
Author(s):  
Jingjia Ke
Keyword(s):  
Multinational Enterprises ◽  
Dispute Settlement ◽  
Field Studies ◽  
Southeast Asian ◽  
Private Companies ◽  
Foreign Investors ◽  
Investment Protection ◽  
Data Analyses ◽  
Legal Barriers ◽  
Chinese Multinational Enterprises

Abstract: As a result of the development of the “One Belt One Road” and “Stepping-out” strategy for multinational enterprises, China’s outward directed investments have grown rapidly. During the transformation period from a capital-importing country to a capital-exporting country, issues of insufficient investment protection laws on China’s outward investment have surfaced. To examine major investment risks, investment dispute settlement mechanisms, and legal barriers of China’s multinational enterprises in ASEAN States, this study selects typical state-owned enterprises and private companies among 300 Guangdong businesses, which invested in ASEAN via data analyses, surveys, and field studies. The findings of this research provide a reference for the investment protection and for the launching of investment litigation of these Chinese multinational enterprises whenever it is required.

scholarly journals THE EURO–ARAB INVESTMENT TREATY THAT NEARLY WAS

2020 ◽  
Vol 69 (2) ◽  
pp. 267-299
Author(s):  
Eileen Denza ◽  
Lauge N. Skovgaard Poulsen
Keyword(s):  
European Economic Community ◽  
The Political ◽  
Economic Community ◽  
European Economic ◽  
Investment Protection ◽  
Investment Treaty ◽  
Regional Investment ◽  
Arab League

AbstractThis article documents how members of the European Economic Community and members of the Arab League negotiated a draft ‘mega-regional’ investment protection treaty from 1976 to the late 1980s—the first of its kind. The negotiations produced a full draft treaty and came tantalisingly close to completion but ultimately ran into the political sands. Had it been concluded, the Convention would have been the most significant investment protection treaty ever negotiated at the time, and one of the most significant to this day. Negotiations were conducted within the cloak of diplomatic confidentiality, however, so the effort has remained unknown to even specialised scholars and practitioners to this day.

The ASEAN Comprehensive Investment Agreement: Realizing a Regional Community

2011 ◽  
Vol 6 ◽  
pp. 1-39 ◽  
Author(s):  
Zewei Zhong
Keyword(s):  
International Investment ◽  
International Investment Law ◽  
Investment Protection ◽  
Asean Member ◽  
Investment Treaty ◽  
Regional Investment ◽  
Investment Agreement ◽  
Investment Treaties ◽  
The One ◽  
Regional Projects

AbstractIn recent decades, States have concluded numerous regional investment treaties, even as the feverish growth in bilateral investment treaties worldwide continues apace. This increasing regionalism within international investment law is a double-edged phenomenon. On the one hand, the risks of fragmentation and incoherence increase exponentially as a regional layer is added to the already-messy “spaghetti bowl” of investment treaties. The noble dream of a uniform, multilateralized set of investment-protection standards thus looks ever more unattainable. On the other hand, a regional investment treaty affords an opportunity for a group of States to balance, in a particularistic manner, between investment-related obligations and other non-investment priorities. This essay focuses on the ASEAN Comprehensive Investment Agreement signed in 2009, arguing that it is a region-specific bargain embedded within ASEAN's wider normative and institutional framework. The potential conflicts between ASEAN Member States' investment-related obligations and their commitments under two other regional projects are explored, and recommendations are made as to how arbitral tribunals can manage such conflicts.

How Sexual Objectification Generates Dehumanization in Western and Eastern Cultures

2018 ◽  
Vol 77 (2) ◽  
pp. 69-82 ◽  
Author(s):  
Robin Wollast ◽  
Elisa Puvia ◽  
Philippe Bernard ◽  
Passagorn Tevichapong ◽  
Olivier Klein
Keyword(s):  
Social Perception ◽  
Past Research ◽  
Objectification Theory ◽  
Southeast Asian ◽  
Sexual Objectification ◽  
Intense Pain ◽  
Eastern Cultures ◽  
Theory Research ◽  
Self Objectification ◽  
Asian Sample

Abstract. Ever since Fredrickson and Roberts (1997) proposed objectification theory, research on self-objectification and – by extension – other-objectification has experienced a considerable expansion. However, most of the studies on sexual objectification have been conducted solely in Western populations. This study investigates whether the effect of target sexualization on social perception differs as a function of culture (Western vs. Eastern). Specifically, we asked a Western sample (Belgian, N = 62) and a Southeast Asian sample (Thai, N = 98) to rate sexualized versus nonsexualized targets. We found that sexual objectification results in dehumanization in both Western (Belgium) and Eastern (Thailand) cultures. Specifically, participants from both countries attributed less competence and less agency to sexualized than to nonsexualized targets, and they reported that they would administer more intense pain to sexualized than to nonsexualized targets. Thus, building on past research, this study suggests that the effect of target sexualization on dehumanization is a more general rather than a culture-specific phenomenon.

Sign in / Sign up

Export Citation Format

Share Document